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4. THE CROWN AND THE CONSTITUTION - Coggle Diagram
4. THE CROWN AND THE CONSTITUTION
INTRODUCTION
THE ROYAL PREROGATIVE
CONSTITUTIONAL ROLE
OF THE MONARCH
(5) ASSENT TO LEGISLATION
In order to become a law, a
Bill
must have the
royal assent
after its passage in Parliament
It's an established
convention
that
the monarch cannot refuse
to give his/her assent
Last time happened in
1708
when Q Anne refused to sign the Scottish Militia Bill
It concerns also the legislation passed by the
Scottish Parliament
, the
Sènedh Kimry
and the
Northern Ireland Assembly
(6) FOLLOWING MINISTERIAL ADVICE AND COLLECTIVE RESPONSIBILITY
The Queen always acts on the advice of her ministers
Queen's Speech
at the
opening of each session of Parliament
Collective Cabinet responsibility
: any advice to the Queen must by
unambiguous
and therefore the ministers have to defend the policies collectively agreed
The Queen is regularly informed
by the PM and she can give
not binding advice
(4) APPOINTMENTS AND HONOURS
Most of them are conferred on PM's advice
Creation of
peers
, appointment of
(arch)bishops
, appointment of all
senior judges
, conferment of most
honours
(such as
knighthoods
)
The Queen personally selects the members of the
royal household
(e.g.
Private Secretary
)
(7) COMMANDER-IN-CHIEF OF THE ARMED FORCES
Under the
Bill of Rights 1689
the keeping of an army by the Crown is subject to the
consent of the Parliament
Her Majesty's Armed Forces are
largely regulated by statute
(3) MINISTERIAL APPOINTMENTS
The monarch appoints the ministers following
PM's advice
The monarch
can no longer refuse PM's advice
Still, nothing prevents the monarch to express his opinion
For example, Lord Beaverbrook (George VI v. Churchill)
(8) HEAD OF STATE
The Queen represents the nation on the international stage
Still, it's the ministers, PM, or Foreign Secretary who are responsible for determining government policy or negotiating treaties
(2) CALLING OF ELECTIONS
Until the
Fixed-term Parliaments Act 2011
the
PM
could decide to
call an election
whenever he wanted
within the 5 year period
specified by the
Parliament Act 1911
In this case, the monarch was
obliged to dissolve the Parliament
(according to convention)
What if in 1974 Harold Wilson (LAB) hadn't been able to form a government?
Could he decide to call a new election before other parties had the opportunity to form a government? No.
(9) HEAD OF THE COMMONWEALTH
The Queen still is the
titular head of state
of :flag-ca: :flag-au: :flag-nz: and most of the Commonwealth Caribbean
(1) FORMATION OF THE GOVERNMENT
The monarch will always call upon the leader of the major party in the HoC to form a government
What happens if there's a
hung parliament
? The monarch should ask
the leader of the party most likely to form a viable government
1974 general election
2010 general election
The
Cabinet Manual
published in 2010 determines a
protocol
to follow in case of
hung parliament
=>
Queen's neutrality is safe
(10) HEAD OF THE CHURCH OF ENGLAND
Defender of the faith
The King or Queen must be of Anglican faith
DOES THE MONARCH RETAIN REAL POWER?
Bagehot
:
the right to be consulted, the right to encourage, the right to warn
(
dignified
/efficient
element of the constitution
)
2019 BRITISH PROROGATION CONTROVERSY
In
Sep 2019
PM
Boris Johnson
requested a
prolonged suspension of Parliament
during the weeks before the scheduled date for Brexit
The
Supreme Court of the U.K.
in
Miller II
ruled unanimously that the prorogation was both justiciable and
unlawful
, but the Queen was obliged by constitutional convention
1974 HUNG PARLIAMENT
A case in which a considerable discretion was left in the Queen's hands
Queen's experience
: she has worked with
14 different PMs since 1952
She has
weekly confidential meetings with the PM
=>
right to be informed and to give advice?
WHAT IS THE CROWN
It comprises:
The Queen in her official or personal capacity
LIABILITY OF THE CROWN IN TORT AND CONTRACT
EVALUATION: PRESERVATION, REFORM OR ABOLITION?
